Sri Paran Jyoti Saikia vs The Assam Power Distribution ...
2023 Latest Caselaw 3775 Gua

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GAHC010205032023




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                        Case No. : I.A.(Civil)/2805/2023

         SRI PARAN JYOTI SAIKIA
         S/O- SRI DHARMA SAIKIA, R/O- HOUSE NO. 7, LUTUMA, P.O-
         BINOVANAGAR, P.S- FATASIL AMBARI, GUWAHATI-781018, DIST-
         KAMRUPM, ASSAM



         VERSUS

         THE ASSAM POWER DISTRIBUTION COMPANY LTD. and 4 ORS
         REPRESENTED BY THE MANAGING DIRECTOR, ASSAM POWER
         DISTRIBUTION COMPANY LTD., BIJULEE BHAWANANNEX BUILDING,
         PALTAN BAZAR, DIST- KAMRUP, PIN- 781001

         2:THE MANAGING DIRECTOR
         APDCL
          BIJULEE BHAWANANNEX BUILDING
          PALTAN BAZAR
          DIST- KAMRUP
          PIN- 781001

         3:THE CHIEF GENERAL MANAGER
         APDCL
          BIJULEE BHAWANANNEX BUILDING
          PALTAN BAZAR
          DIST- KAMRUP
          PIN- 781001

         4:THE ALLAHABAD BANK
          REPRESENTED BY ITS DEPUTY GENERAL MANAGER
          ZONAL OFFICE
          G S ROAD
          OPP BORA SERVICE STATION
          ULUBARI
                                                       Page No.# 2/5

GUWAHATI
PIN- 781007

5:THE DEPUTY GENERAL MANAGER
 ZONAL OFFICE
ALLAHABAD BANK
 GS ROAD
 OPP BORA SERVICE STATION
 ULUBARI
 GUWAHATI
 PIN- 78100

Linked Case : WP(C)/2499/2017

SRI PARAN JYOTI SAIKIA
S/O- SRI DHARMA SAIKIA
R/O- HOUSE NO. 7
LUTUMA
P.O- BINOVANAGAR
P.S- FATASIL AMBARI
GUWAHATI-781018
DIST- KAMRUPM
ASSAM


VERSUS

THE ASSAM POWER DISTRIBUTION COMPANY LTD. and 4 ORS
REPRESENTED BY THE MANAGING DIRECTOR
ASSAM POWER DISTRIBUTION COMPANY LTD.
BIJULEE BHAWANANNEX BUILDING
PALTAN BAZAR
DIST- KAMRUP
PIN- 781001

2:THE MANAGING DIRECTOR
APDCL
 BIJULEE BHAWANANNEX BUILDING
 PALTAN BAZAR
 DIST- KAMRUP
 PIN- 781001
 3:THE CHIEF GENERAL MANAGER
APDCL
 BIJULEE BHAWANANNEX BUILDING
 PALTAN BAZAR
 DIST- KAMRUP
 PIN- 781001
                                                                Page No.# 3/5

           4:THE ALLAHABAD BANK
           REPRESENTED BY ITS DEPUTY GENERAL MANAGER
           ZONAL OFFICE
           G S ROAD
           OPP BORA SERVICE STATION
           ULUBARI
           GUWAHATI
           PIN- 781007
           5:THE DEPUTY GENERAL MANAGER
           ZONAL OFFICE
           ALLAHABAD BANK
           GS ROAD
           OPP BORA SERVICE STATION
           ULUBARI
           GUWAHATI
           PIN- 781007
           ------------



For the Applicant (s)   : Mr. A. Sarma, Advocate.
For the Respondent (s) : Mr. A. Baruah, Advocate (R- 1 to 3)


                                      BEFORE
                  HONOURABLE MR. JUSTICE DEVASHIS BARUAH
                                       ORDER

18.09.2023 The instant application has been filed by the Applicant in view of a confusion having arisen as regards the effect of the interim order dated 28.04.2017 passed in W.P.(C) No. 2499/2017 pursuant to the judgment and order dated 05.08.2023 passed in W.P.(C) No.2499/2017.

2. A perusal of the interim order dated 28.04.2017 passed in W.P.(C) No. 2499/2017 shows that this Court stayed the letter dated 25.04.2017 subject to the condition that within 1(one) week from the date of the said order, the Petitioner would communicate to the Respondent Nos. 1 to 3 Page No.# 4/5

intimating that the validity of the Bank Guarantee in question had been extended beyond the next date fixed in the case. The said interim order has been extended from time to time. It is also seen that this Court in its judgment and order dated 05.08.2023 had taken into account at Paragraph No. 12, the Communication issued by the Branch Head of the Punjab National Bank dated 27.09.2018, wherein it was provided that the lien has been marked against the Fixed Deposit of Rs.75,00,000/- of the Petitioner against the contingent future liability towards APDCL subject to this Court's verdict in the instant case. Further to that, it was also certified by the Branch Head of the Punjab National Bank that the Bank Guarantee towards the APDCL for the amount of Rs.75,00,000/- would continue to remain subsisting and in existence till further orders of this Court.

3. This Court vide the judgment and order dated 05.08.2023 had set aside the impugned letter dated 25.04.2017 whereby the Bank Guarantee was invoked. In view of the setting aside of the impugned letter dated 25.04.2017 which was stayed by this Court vide the interim order dated 28.04.2017, the interim order so passed on 28.04.2017 loses its existence and as such the question of extending the validity of the Bank Guarantee thereupon does not arise.

4. This Court clarifies that the said interim order dated 28.04.2017 passed in W.P.(C) No. 2499/2017 loses its existence pursuant to the judgment and order dated 05.08.2023 passed in W.P.(C) No.2499/2017 and the Petitioner/Applicant would be at liberty to approach the concerned bank for liquidation of the Fixed Deposit of the amount of Rs.75,00,000/-

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in his favour.

5. With the above observations, the instant application stands disposed of.

JUDGE

Comparing Assistant